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DATE: April 4, 1996
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Director
SUBJECT: Request for a variance from the front yard or building setbacks for Lots 12,
13 and 14, Block 1, Flowers Addition. The applicant is Joseph D. Deshotel,
agent for S,cimco, Inc.
STAFF REPORT
The Planning Director recommends approval of a 1.1' variance to the required 25'
setback for Lot 12, Block 1, Flowers Addition (425 Flowers Street) and a 1.26'
variance to the required 25' setbacks for Lots 13 and 14, Block 1, said addition (435
and 445 Flowers).
Scimco, Inc. is the contractor constructing single family homes in the Charlton -Pollard
neighborhood for the Innovative Housing Development Corporation (IHDC). Gaylyn
Cooper, a local attorney, is president of the I.H.D.C. The homes are being
constructed for low income families who will purchase the homes at reduced interest
rates.
The slabs for Lot 12 (425 Flowers) and Lot 13 (435 Flowers) have been poured and
the framing and roof for 435 Flowers have been constructed. Zoning is RM-H for
the three subject lots.
The slab on Lot 12 encroaches into the required 25' front yard setback from 0.75' to
1.1'. The slab on Lot 13 encroaches into the same setback from 1.1' to 1.26'. Lot
14 has been cleared but no forms have been set and no slab has been poured.
Building permits have been issued for all three lots according to information received
from the Building Codes Division. The slab encroachments on Lots 12 and 13 were
due to a mistake made in laying out the homesites.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices Mailed to Property Owners- 15
Responses in Favor: Responses in Opposition:
March 20, 1996
Board of Adjustment
City of Beaumont
City Hall
Beaumont, Texas 77704
Re: Request for setback variance at 425, 435 and 445 Flowers Street of twenty-three feet
This application is being made on behalf of Scimco Inc. owner of the above referenced property. The
chain of events necessitating this request are as follows:
On March 8, 1996,1 telephoned the engineering firm which surveyed and staked off the various lots
in the Flowers Street project and requested that they send someone out to verify that the foundation
being constructed at 435 Flowers was not encroaching on city property. The engineer informed me
that he had to get the request from the City because the City had hired them. I then telephoned the
city housing office which, in turn, called the engineer. The housing office was informed that the
property had already been staked off and to measure the required set back from the stakes already
there.
In an attempt to be safe, the contractor measured a twenty-seven foot setback, instead of the required
twenty-five feet. The completion of that foundation was delayed by the plumber so the contractor
began working on the foundation at 425 Flowers, The plumber showed up and completed his work
on 435 Flowers and the contractor called the city code enforcement office for final inspection on
Friday morning. The city inspector again measured the set back and said it was ok to pour the stab.
While the slab was being poured an engineering crew showed up and put new stakes down between
the original stakes and the foundation. This of course caused the foundation to encroach upon the
city's easement, as did as the foundation at 425 Flowers, although not as much of an encroachment,
due to the angle the new right of way line was traveling. The city personnel, nor the owner, have yet
to agree with the engineer as to why new stakes were set or why this was not done when requested,
prior to the slab at 43 5 Flowers being poured and the foundation at 425 Flowers being completed for
pouring, including the setting of the plumbing in that foundation, a condition which exist today.
The third lot in the variance request is 445 Flower. No construction has begun here, however, a
variance is being requested in order that this house be in line with the other three houses being
constructed on Flowers and avoid a staggered and unsightly appearance which would be contrary to
the enhancement and revitalization sought by the City.
The city staff involved in this project concur with the owner, that the contractor acted in good faith
and in concert with proper city officials in the placing of the foundations at 425 and 435 Flowers. The
request regarding 445 Flowers is for the purpose of uniformity, particularly since the city does not
see the encroachment hampering the city's or land owner's respective use of the area in question.
Thank you for your consideration and I will be happy to address any questions you might have.
Respectfully Submitted,
4" 4-1
oseph D. Deshotel
a
?Owner's Agent
VARIANCE SUPPLEMENTAL INFORMATION
CONDITION A:
CONDITION 13:
CONDITION C:
The granting of this variance will facilitate the completion of the Flower's
Street phase of the Charlton -Pollard Revitalization Program within the
anticipated time period. The City Council, as well as the citizens of the
Charlton -Pollard area, have expressed positive public interest in the
conipletion of this revitalization program in a timely manner. Denial of this
request would result in an indefinite delay, contrary to, the best interest of all
parties involved.
The physical characteristics of this property in relations to Flowers Street, if
the required setback from the city right, -of -way is enforced, would result in
this row of houses appearing to be out of line with the street resulting in a
non -synergetic eyesore. The houses would appear crooked down the row in
relation to the street and such an appearance would be inconsistent with the
goals of the City Council to revitalize and enhance the appearance of the
neighborhood.
It is my understanding that the spirit and goal of the setback ordinance is for
uniformity in the layout of city neighborhoods while allowing the city to
perform their governmental functions in harmony with the aesthetic and
practical uses of private property. The granting of this requested variance
would not contravene that spirit or goal.
SO
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. 15' ALLEY
N88*47'02"E 60.00$
LOT 12, BLOCK 1
FLOWERS ADDITION
VOLUME 1, PAGE 70
JEFFERSON COUNTY., TEXAS
MARK W. WHMLEY
AND ASSOCIATES
hill.- INCORPORATED
CONSULTING ENGINEERS,
SURVEYORS, AND PLkNNERS
0
BEAUMONT, TEXAS 77726-5402
P. O. BOX 6492
409-892-0421
3250 EkSTEX FRWY.
BEAUMONT TEXAS 77703
(F4 '409-892-1346 REVISED 3-20-96
AO IIH:\ DWG\ TITLES\ 96-1671961JDR
co
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IS' ALLEY
N88"47'02"E 60.00'
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ADDITION
VOLUME 1,, PAGE 70
JEFFE.,RSON COUNTY., TEXAS
MARK W. WIMLEY
AND ASSOCIATES
►.- INCORPORATED
CONSULTING ENGINES SI
SUR 1 ORS, AND PLANNERS 0
P. O. BOX 502
BEAUMONT, TEW 77726-5492
400-692-0421
9250 FASTER FW
BEAUM NT, TEXAS 77702
(FA}�j 409-602-1948 RE"OSED 3-20-96
A011H.\ DWG\ TITLES' 96-16,91,951JDR
LOT 13
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15' ALLEY
7 CLOSED
N88'47'02"F 55.00.1
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N88*47'02"F 55.00,
LOT 14, BLOCK 1
.FLOWERS ADDITION
VOLUME 1 , PAGE 70
JEFFERSON COUNTY, 7" XAS
MARK W. WHM;LEY
AND ASSOCIATES
INCORPORATED
p tONSUTJNG ENGINMW, ORS, AND PLUMERS
P. M BOX 5402
BUUMONT, TEXAS 77726-5492
409-892-0421
3260 FASTED FRWY.
BIAUMO"T' TEXAS 77703
(PAX) 409-892-1845
REWSED 3-20-96
AOIIH.\DWG\ TITLES\ 96-1691961,JDR
REQUIREMENTS FOR A VARIANCE
The Board of Adjustment is empowered to authorize a variance from a requirement
of the Zoning Ordinance when the Board finds that all of the following conditions
have been met:
CONDITION A: That the granting of the variance will not be contrary to the public
interest.
CONDITION B, That literal enforcement of the ordinance will result in unnecessary
hardship because of exceptional narrowness, shallowness, shape, topography or other
extraordinary or exceptional physical situation or physical condition unique to the
specific piece of property in question. "Unnecessary hardship" shall mean physical
hardship relating to the property itself as distinguished from a hardship relating to
convenience, financial considerations or caprice, and the hardship must not result
from the applicant or property owner's own actions.
CONDITION C: That by granting the variance, the spirit of the ordinance will be
observed and substantial justice will be done.
FATIM.�MPM
CONDITION A: Denial of the request would delay the construction of new homes
for low income families in a project that is endorsed by the City of Beaumont and the
Charlton -Pollard neighborhood. These new homes are being built as part of the city's
effort to revitalize the neighborhood. Breaking up the slabs would increase the costs
of construction to a non-profit agency. Approval is in the public interest.
CONDITION B: Literal enforcement of the ordinance will create an unnecessary
hardship to all concerned in this home building program to aid low income
individuals.
CONDITION C: Granting the variance on the three lots will maintain the spirit of
the ordinance and will ensure that justice will be done.
GENERAL INFORMATION /PUBL.IC UTILITIES
APPLICANT:
PROPERTY OWNER
STATUS OF
APPLICANT:
Joseph Deshotel
Scimco, Inc.
Owner — Prospective Buyer
Tenant X Other (Agent & attorney)
GENERAL INFORMATION/PUBLIC UTILITIES continued
LOCATION: 425, 435 and 445 Flowers
LEGAL DESCRIPTION: Lots 12, 13 and 14, Block 1, Flowers Addition
EXISTING ZONING: RM-H (Residential Multiple Family Dwelling -
Highest Density) District
FLOOD HAZARD ZONE:
x C (Minimal)
B (Moderate)
A (100 year)
— Floodway
SIZE OF PROPERTY:
0.512 acres
EXISTING LAND USES:
Homesites
SURROUNDING USES:
SURROUNDING ZONING:
NORTH: Vacant lots and residences
IZM-1-1 (Residential Multiple Family Dwelling-l-fighest Density) District
EAST: Vacant lots and a residence
RM-14
SOUTH: Vacant lots
RM-H
WEST; Flomeqites
RM-H
COMPREHENSIVE PLAN:
Conservation and Revitalization
OTHER PHYSICAL
FEATURES:
None
STREETS:
Flowers Street is a 40' wide residential right-of-
way with a 16' wide asphalt pavement.
DRAINAGE:
There is a 27" storm sewer in Flowers.
WATER:
There is a 2" water line in Flowers.
SANITARY SEWER
SERVICE:
There is a 6" sanitary sewer in Flowers.
FIRE PROTECTION:
Fire protection is provided by Station #11, 2185
Sabine Pass.
ADEQUACY
OF SERVICE: Services and utilities are adequate.